EULA - Akupara Games

AKUPARA GAMES, LLC

END USER LICENSE AGREEMENT

Last updated: 12/17/22

IMPORTANT NOTICE: THESE TERMS AND YOUR USE OF THE GAME ARE SUBJECT TO A WAIVER OF CLASS ACTION RIGHTS, LIMITATIONS OF LIABILITY AND OTHER TERMS THAT LIMIT YOUR RIGHTS. PLEASE BE SURE TO READ THEM CAREFULLY BEFORE YOU ACCEPT.

This End User License Agreement (the “EULA” or “Agreement”) governs your use of the video game, application, software, their associated upgrades, patches, and updates and related services (the “Game”) provided by Akupara Games, LLC (“Akupara,” “we” or “us”). You and Akupara may be individually referred to herein as a “Party” or collectively as the “Parties.”

In order to create a better player experience for our entire community, we require all of our players to carefully review and accept our EULA. This not only helps us preserve a healthy and fun environment for all of our players, it also allows us to continuously improve your player experience.

BY DOWNLOADING, INSTALLING, ACCESSING OR USING THE GAME, YOU AFFIRM THAT YOU HAVE REVIEWED AND UNDERSTAND THE TERMS OF THIS EULA, AND AGREE TO BE BOUND BY IT. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OR UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE NOT PERMITTED TO USE THE GAME UNLESS AND UNTIL YOUR PARENT OR GUARDIAN READS AND ACCEPTS THIS AGREEMENT ON YOUR BEHALF. IF YOU (OR WHEN APPLICABLE, YOUR PARENT OR GUARDIAN) DO NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL, ACCESS OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT AFTER YOU HAVE PURCHASED THE GAME FROM A DIGITAL STOREFRONT, YOU MAY INQUIRE ABOUT A REFUND OF THE PURCHASE PRICE FROM THE APPLICABLE DIGITAL STOREFRONT. HOWEVER, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE DIGITAL STOREFRONT’S RETURN POLICY. IF YOU PURCHASED THE GAME AT RETAIL, YOUR RIGHT TO RETURN THE GAME IS SUBJECT TO THE RETAILER’S RETURN POLICY.

EULA and Game Modifications. You acknowledge that Akupara reserves the right, in its discretion, to modify this EULA and to modify, suspend, or discontinue the Game, in whole or in part, at any time, and that you have no monetary or other interest, in any feature or content contained in the Game. Anytime changes are made to the EULA, we will post the new version on our website (at akuparagames.com/eula/) and update the “Last Updated” date. You are responsible to check the EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you must immediately uninstall and destroy all copies of the Game. Your continued use of the Game following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.

Patches and Updates. Akupara may deploy or provide mandatory patches, updates, and modifications (“Updates”) to the Game that must be installed for you to continue to use the Game. Akupara may update the Game remotely without notifying you, and you hereby grant to Akupara consent to deploy and apply such patches, updates, and modifications. Broadband internet is required for such patches, updates, and modifications. You are responsible for any and all broadband access and usage fees.

Third-Party Hardware, Software and Services. In order for the Game to properly operate and access all available features, you may need an internet connection, and certain third-party hardware, software and/or services, including a game console or other applicable device meets the minimum technical specifications, third-party software or a game platform, such as Steam, with which you may be required to register (a “Game Platform”), all of which are governed under the terms and conditions imposed by the applicable provider. For example registration with the Game Platform is required to activate the Game after installation on any new computer, authenticate your computer at any given time, access online features, play or unlock exclusive content. You acknowledge that those third-party terms and conditions, including age restrictions to access online services and features in compliance with local laws, may restrict your ability to exercise rights granted to you in relation to the Game under this Agreement, and that we have no control or responsibility for such third-party terms or the performance of any third-party hardware, software or services. You are solely responsible for any third-party costs you incur to use the Game.

Intellectual Property Rights.

Limited License. Subject to the terms and conditions of this EULA, Akupara hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, license to download and install the Game on your personal device(s) for your personal and noncommercial use. You do not have any other rights to the Game.
Reservation of Rights; Ownership. ALL RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS AGREEMENT ARE RESERVED BY AKUPARA AND ITS LICENSORS. The Game is licensed and not sold. Akupara does not transfer to you any right, title or interest in or to the Game. Akupara, its affiliates and its licensors and suppliers own the title, copyright, and other intellectual property rights in the Game (and all rights embodied therein), including any Updates and reserve all rights not expressly granted to you in this Agreement. The Game may contain third-party software that is subject to third-party license terms (“Third-Party Terms”). Your use of the Game is subject to any Third-Party Terms included in the Game. In the event of a conflict between this Agreement and any Third-Party Terms, this Agreement will govern. Akupara, the Akupara logo and other Akupara product and service names referenced in the Game are the trademarks of Akupara Games, LLC Any other company names, product names, service names and logos referenced in connection with the Game may be the trademarks of their respective owners.
Protection and Enforcement. The Game is protected by the copyright and other intellectual property laws of the United States, international treaties and other laws enforceable by Akupara and its licensors. Those licensors may also enforce the terms of this Agreement as third-party beneficiaries.

User Restrictions. You are prohibited from doing any of the following without Akupara’s express prior written consent or unless otherwise expressly permitted by applicable law, and you agree that the violation, or even attempted violation, of any of the following license limitations will result in the automatic termination of your license:

You are not permitted to lease, rent, sublicense, publish, copy, modify, adapt, translate, reverse engineer, derive source code from, decompile, or disassemble the Game, or exploit the Game for any commercial purpose, including any portion or elements thereof, including any third-party code embedded therein, or any reproductions or modifications thereof;
You may not develop, distribute or host any server or software designed to interact with the Game or to redirect or emulate the communications protocols used by Akupara;
You may not use exploits or cheats to gain an unfair advantage in the Game;
You may not develop, distribute or use any third-party program designed to impact the Game experience, including without limitation software bots, cheats, hacks or any other software designed to provide a player with an advantage;
You may not remove, disable, circumvent any digital rights management software or other measures intended to protect the Game from piracy, or any proprietary notices or labels contained on or within the Game;
You may not export or re-export the Game in violation of any applicable laws or regulations of the United States government; and
You agree not to do any of the following actions while using the Game (i) harass, threaten, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity; (ii) transmit any content that Akupara considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, sexually, ethnically or otherwise objectionable; (iii) impersonate any person or entity, including but not limited to Akupara; (iv) disrupt normal Game functionality, or otherwise act in a manner that negatively affects other participants and/or the overall Game experience; (v) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (vi) intentionally or unintentionally violate any applicable law, regulation or treaty while using or accessing the Game; (vii) post multiple posts of the same content (i.e., “spam”); or (viii) invade the privacy or violate or infringe any right of any person or entity, including, without limitation, any intellectual property right.

Parents and guardians of children under the age of majority in their jurisdiction or 18 years of age, whichever is older, agree that you will be responsible for all uses of the Game by your child whether or not such uses were authorized by you.

Term and Termination. This Agreement is effective on the date you first install or use the Game and continues unless and until terminated by you or Akupara as set out herein. Akupara may terminate this Agreement at any time in its discretion due to your breach or suspected breach of the terms of this EULA. You may terminate this Agreement at any time for any reason. Without prejudice to any other Akupara rights, this Agreement terminates automatically without notice if you fail to comply with your obligations under this Agreement. Upon termination of this Agreement: (a) your license to use the Game terminates; (b) you must immediately stop use of the Game; (c) you must return, destroy or delete, as may be directed by Akupara, all copies of the Game from your device. These remedies are cumulative and in addition to any other remedies available to Akupara and (d) those provisions which by their nature should survive termination shall survive termination, including without limitation those provisions addressing disclaimer of warranties, limitation of liability, indemnification and ownership. Your continued use of the Game after any termination will be an infringement of Akupara’s copyrights and other rights in and to the Game.

Privacy Policy. This Agreement incorporates by reference Akupara’s Privacy Policy located at (our “Privacy Policy”), describes how we collect, use and disclose information about you in relation to your use of the Game. Please read our Privacy Policy carefully so you understand how we use and share information we collect about you. By accepting this EULA, you hereby acknowledge the terms of our Privacy Policy.

Consent to Monitor. When the Game is running, the Game Platform, Akupara, and their respective affiliates or contractors may monitor your use of the Game for uses that violate Section 6 (User Restrictions). You hereby grant the Game Platform, Akupara, and their affiliates and contractors permission to monitor your use of the Game for purposes of identifying such use and communicating potential violations to Akupara. Akupara, its affiliates and its contractors are under no obligation to monitor any system.

Collection of Anonymous Usage Data. Akupara may collect anonymous usage information from you when you download and/or access the Game. Such information may include your computer configuration and Game usage. This information is gathered periodically to facilitate the provision of Game updates, product support and other services related to the Game. We do this in order to provide the best user experience possible. We also may use this information in connection with the enforcement of this EULA. Akupara may use any collected information to improve its products, to administer the Game, to analyze trends, or to provide services to you. In addition, Akupara may also use this information for the purpose of research, development, administration, support and marketing of Akupara products and services. To know more about your rights and how Akupara uses and protects your personal data, please consult our Privacy Policy.

Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GAME IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY. WITHOUT LIMITING THE FOREGOING, AKUPARA MAKES NO WARRANTY THAT THE GAME CAN BE ACCESSED OR USED ON ALL SYSTEMS, CONTROLLERS, OR DEVICES, BY MEANS OF ANY SPECIFIC INTERNET OR OTHER CONNECTION PROVIDER, OR IN ALL TERRITORIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL AKUPARA, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE GAME OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, DISRUPTION OF SERVICE, DAMAGE TO YOUR DEVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL AKUPARA, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL AKUPARA’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU FOR THE GAME.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS, OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 11 AND 12 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT UNDER APPLICABLE LAW BE EXCLUDED IN THOSE JURISDICTIONS. IF YOU LIVE, OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE LIMITATIONS AND EXCLUSIONS IN SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.

You will defend, indemnify, and hold Akupara, its directors, officers, employees, agents, partners, suppliers, and licensors harmless from any losses, liabilities, damages, and costs, including reasonable attorneys’ fees, as a result of any third-party claim or action relating to or arising out of: (a) your unauthorized use of the Game; (b) any violation by you of this Agreement; or (c) your violation of any another party’s rights or applicable law.

Waiver of Class or Consolidated Actions; Governing Law and Forum. This Agreement is governed by and construed under the laws of the State of California, without regard to conflicts of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded. The Parties agree that any judicial proceeding involving this Agreement shall be brought only in the state or federal courts located in Los Angeles County, California. You further agree to waive your right to participate in a class or consolidated action against Akupara and that ANY JUDICIAL PROCEEDING INVOLVING THIS AGREEMENT MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND CLAIMS OF MORE THAN ONE INDIVIDUAL CANNOT BE BROUGHT JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL.

S. Government Restricted Rights. The Game and documentation have been developed entirely at private expense and are provided as “Commercial Computer Game.” This Agreement governs the U.S. Government’s use and disclosure of the Game, and supersedes any conflicting terms or conditions, except to the extent that any term or condition is inconsistent with U.S. Federal law. If the U.S. Government requires any rights that are not conveyed under this Agreement, those rights will be separately negotiated and will be set forth in a separate written license or in a written addendum to this Agreement.

Compliance with Law; Export Regulations. You will comply with all national and international laws, rules and regulations that apply to the Game and your use of the Game, including the U.S. Export Administration Regulations (to which the Game is subject), as well as end-user, end-use, and destination restrictions issued by U.S. or other governments. You acknowledge that the Game is of U.S. origin. Further, you represent and warrant that you are (a) not located in a country that is subject to U.S. Government sanctions or has been designated by the U.S. Government as a “terrorist supporting” country; and (b) have not been identified as a sanctioned party by the U.S. Office of Foreign Assets Control or any other applicable sanctions or denied persons lists by any other applicable government agency. You will not use the Game if any applicable laws in your country prohibit you from doing so in accordance with this Agreement.

You may not assign this Agreement, in whole or in part, without Akupara’s prior written consent and any attempted assignment in violation of this provision shall be null and void. Akupara may assign this Agreement, or any of its rights or obligations under this Agreement, without your consent at any time. No waiver of any default, condition or breach of this Agreement shall constitute a waiver of any other default, condition or breach of this Agreement. Any provision found unlawful or unenforceable by a court or regulator of competent jurisdiction shall be deemed to be severed from the Agreement, but such severance shall have no effect on the enforceability of the remaining provisions of the Agreement. Akupara’s licensors, Game Platforms and associated service providers are third party beneficiaries and may enforce these terms against you. This Agreement, together with all other agreements and policies referenced herein, represents the entire agreement between you and Akupara with respect to the Game and supersedes all prior agreements between you and Akupara relating to the Game. You agree that you will comply with all applicable laws in connection with the Game and this Agreement, including without limitation export control laws. This Agreement may be amended only by a writing executed by both Parties.

Customer Support. If you have any questions, concerns or complaints regarding our games or this Agreement, contact us at support@akuparagames.com.

THIS EULA IS APPLICABLE ONLY TO THE EXTENT AUTHORIZED BY LAW.